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Theresa G. Cooper V. Kanawha County Sheriff's Department

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Theresa G. Cooper V. Kanawha County Sheriff's Department STATE OF WEST VIRGINIA HUMAN RIGHTS COMMISSION 215 PROFESSIONAL BUILDING 1036 QUARRIER STREET CHARLESTON, WEST VIRGINIA 25301 Theresa G. Cooper 5318 B Kentucky St. So. Charleston, w~ 25309 Kanawha Co. Sheriff's Dept. Corrections Division 407 Virginia St. E. Charleston, WV 25301 Sharon Mullens Assistant Attorney General 1204 Kanawha Blvd. E. Charleston, WV 25301 Cheryl Fuller/Michelle Rusen Assistant Prosecuting Attorneys Kanawha County Courthouse Charleston, WV 25301 RE: Cooper v. Kanawha County Sheriff's Dept./ Corrections Division ES-375-85 Herewith please find the Order of the WV Human Rights Commission in the above-styled and numbered case. Pursuant to Article 5, Section 4 of the WV Administra- tive Procedures Act [~VVCode, Chapter 29A, Article 5, Sec- tion 4] any party adversely affected by this final Order may file a petition for judicial review in either the Cir- cuit Court of Kanawha County, WV, or the circuit court of the county wherein the petitioner resides or does business, or with the judge of either in vacation, within thirty (30) days of receipt of this Order. If no appeal is filed by any party within thirty (30) days, the Order is deemed final. Sincerely yours, --/~/cJt~-<-f,t-Lc-~ \L~~ ~oward D. Ken~ey;! ~ Executive Director HDK/mst Enclosure COMMlRECEIVED OCT 1419B6 W..'I. HUfl1An RiGHTS CO' .•a.t ._ 5 • l"~ KANAWHA COUNTY SHERIFF'S DEPARTMENT/CORRECTIONS DIVISION, THEY HAVE THE RIGHT TO JUDICIAL REVIEW. "7 -\- { / ('. Entered this /<:.' 'day of C,><: /.- i I '7 --" / /. • / "J . / /": <:. I <.' ,. [ ~ __,.,(._~ L C-.~_. L .----:(.,>:L.;: c;L._ GHATR/V~E-CHAIR WEST VIRGINIA HUMAN RIGHTS CO~~ISSION THERESA G. COOPER and WILLIAM H. PORTERFIELD, KANAWHA COUNTY SHERIFF'S DEPARTMENT CORRECTIONS DIVISION, EXAMINER'S RECOMMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW employment at the Kanawha County Jail. 8. At the time the Complainant went to work at the jail, all holding the rank of corporal. They were: Corporal Roberta Mazella (now holding the rank of Sergeant); Corporal Mary Balcom (now holding the rank of Sergeant); Corporal Janice Susan Batman-Atkinson; Corporal Ruth Carter; and Corporal Dorothy Singleton. 9. The Complainant was the only female corrections officer working in the jail who did not hold the rank of corporal until Sarah Bilheimer was hired as a corrections officer in July, 1984. 10. In the Kanawha County Jail, corrections officers were assigned to work various shifts, including; the day shift (from 8 a.m. to 4 p.m.): the afternoon shift (from 4 p.m. to 12 midnight): the midnight shift (from 12 midnight to 8 a.m.): and a relief shift which included the various shifts indicated but .~ worked on a rotating, weekly basis. 11. On each shift, a corrections officer was designated as a shift supervisor to act as the responsible person in directing the activities on that shift. 12. The chain of command within the jail was from the corrections officer to a corporal to Lt. Parks to Chief Jailer Ralph Porterfield to Sheriff Withrow. 13. Initially, upon the employment of the Complainant, the shift supervisor assignments were made on the basis of seniority to the effect that the five female corporals previously referred to herein acted in a supervisory capacity. 14. During 1983, the shift supervision was changed by Chief Jailer Ralph Porterfield so that male correctional officers of a rank lower than corporal supervised the female corporals and other on the shift. 15. Complainant did not act as a shift supervisor during her employment due to her position on the seniority list. 16. The duties of the female corrections officers included processing paperwork associated with the booking of prisoners, frisking female prisoners, making security checks in the rear of the jail, working the control booth and performing duties in the rear of the jail associated with both the male and female population of the jail as the existing circumstances warranted. 17. During the first few months of Complainant's employment, she was assigned to work the rear of the jail. Sometime thereafter, she was told by Chief Porterfield that she was not to work the rear of the jail. 18. No other female officer in the jail received such an order. All other female officers continued to perform duties in the rear of the jail when necessary with the exception of Sarah Bilheimer who was never trained in the procedures used in the rear of the jail. 19. On one occasion in March, 1983, the Complainant insisted on going to the rear of the jail despite Corporal Balcom's order not to do so. 20. The Complainant was instructed by Chief Jailer Ralph Porterfield that she should come directly to him with any problems she had rather than going through the usual chain of 21. Shortly after the Complainant began working in the Kanawha County Jail, in early 1983, she was the subject of approximately thirty-eight (38) complaints and disciplinary write-ups by several superior officers including Corporal Batman- Atkinson, Corporal Mazella, and Corporal Carter. 22. These write-ups involved infractions of various jail policies and procedures and dealt with the Complainant's resistance to the authority of superior officers within the jail. 23. The affected officers, along with other officers, confronted Sheriff Withrow about their problems with the Complainant. 24. Although Sheriff Withrow promised to deal with these matters, no disciplinary action was taken, nor was the Complainant ever counseled about her conduct. 25. After taking these complaints concerning the Complainant to Sheriff Withrow, the officers noticed a change in the attitude of Chief Jailer Porterfield towards them. 26. Corporal Roberta Mazella became the subject of an investigation by Cheif Jailer Porterfield after she refused to speak to the Complainant. As the result of this investigation in which Chief Porterfield recommended that she be demoted to the rank of corrections officer, Corporal Mazella received the first reprimand of her fifteen year career with the Kanawha County Sheriff's Department. 27. Corporal Mazella who had worked her entire career in the jail, ultimately requested a transfer to the law enforcement division where she worked as a secretary for several months in early 1984. 28. Also, shortly after speaking to Sheriff Withrow about the Complainant, Corporal Mazella was changed from the day shift to evening shift, and Corporal Batman-Atkinson was changed from day shift to relief shift; against the desires of both officers. 29. Both officers perceived that these shift changes were the result of Chief Jailer Porterfield's displeasure over their complaints to Sheriff Withrow concerning the Complainant. 30. Corporal Batman-Atkinson, who had been promoted to corporal upon the recommendation of Chief Jailer Porterfield, requested a transfer from the jail in early 1983 after working there over nine years though she did not want to leave. 31. Corporal Batman-Atkinson became the focus of a disciplinary write-up by Chief Jailer Porterfield who recommended that she be fired. 32. Further, Corporal Ruth Carter received numerous critical write-ups from Chief Jailer Porterfield after she participated in the visit to Sheriff Withrow. 33. Prior to Chief Jailer Porterfield's tenure, Corporal Carter had never been the subject of any discipline. 34. On one occasion, in the presence of Deputy Jim Mangus, Chief Jailer Porterfield refused to accept a medical excuse from Corporal Carter to relieve her from participating in a shooting qualification. Chief Jailer Porterfield then wrote a report to Sheriff Withrow concerning Corporal Carter's poor performance. 35. After seventeen years of working in the Kanawha County Jail, Corporal Carter applied for and received a transfer from the jail in October, 1983 due to what she perceived as harrassment from Chief Jailor Porterfield. 36. Others leaving the jail due to Chief Jailer Porterfield's treatment of them were Jim Mangus, Jess Johnson, and Corporal Dorothy Singleton. 37. Many of the officers in the jail perceived that the Complainant's relationship with William Porterfield resulted in the Complainant receiving preferential treatment in the jail from Chief Jailer Porterfield. 38. During this period, the scheduling of work shifts within the jail was done by either Lt. Dave Parks with the approval of Chief Jailer Porterfield or by Chief Jailer Porterfield himself. ~' 39. On October 23, 1983, the Complainant and William Porterfield, at their request were scheduled to work the relief shift together. 40. This assignment continued for both of them until December 8, 1984. 41. During this period of time, the Complainants were the only two correctional officers whose work assignments remained unchanged. 42. Throughtout their assignment on the relief shift the Complainant and William Porterfield were scheduled to work on exactly the same days at exactly the same times; they were also scheduled off duty on exactly the same days. William Porterfield acted as shift supervisor to Complainant on relief shift. 43. In August, 1983 and in August, 1984, the Complainant and William Porterfield were permitted to take vacation time together; by being scheduled off at the same time. 44. The work schedules from October 23, 1983 through December 7, 1984 reflect that the Complainant did not work the same shift with Tim Clark with the exception of three occasions. 45. Because of the resentment towards the Complainant due to the perceived preferential treatment she was receiving from Chief Jailer Porterfield, the Complainant had difficulty in her relationships with most of the officers in the jail. 46. The Complainant herself believed that no one in the jail liked her. 47. There was a great deal of joking, horseplay and pranks among the officers working in the jail. 48. Much of the joking was sexual in nature. 49. Profanity was commonly used by many officers with the exception of officers such as Corporal Carter and Corporal Singleton who were offended by such matters and let others in the jail know that they were so offended.
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